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Can the Police Compel You To Open Your Phone Through a Fingerprint?

Under the Constitution, we are given certain rights that cannot be infringed on. One of the most important is the right to not be a witness against yourself. This right comes from the Fifth Amendment, and applies to situations where statements are compelled, testimonial, and incriminating. If any evidence obtained by law enforcement violates […]

By |December 23rd, 2016|Criminal Law|0 Comments|

Miranda Rights—When Police Officers Must Read Your Constitutional Rights

Many of my clients come into my office thinking their case will automatically be dismissed because an officer did not read them their Miranda Rights when they were arrested. Contrary to what is seen on TV or in movies, police officers do not necessarily have to read your Miranda Rights when arrested.

In Miranda […]

By |December 20th, 2016|Criminal Law|0 Comments|

Does an Officer Have to Use a Radar Gun for Speeding?

No. A general misconception in our society is that an officer can only pull someone over if the speed is recorded on a radar gun. Many also believe an officer cannot pull them over unless they are going more than five miles over the speed limit. But this is simply not the case. An […]

By |December 16th, 2016|Criminal Law|0 Comments|

Can You Be Charged With Possession of Marijuana If They Are Located In Your Vehicle?

Can You Be Charged with the Possession of Marijuana or the Possession of a Controlled Substance Just Because the Drugs Are Located in Your Vehicle?
Yes, but that does not mean you will be convicted.
The State has to prove beyond all reasonable doubt (the highest burden of proof in the country), that you intentionally or […]

Can the Police Compel You To Open Your Phone?

Can the Police Compel You Open Your Phone Through a Fingerprint?
 

Under the Constitution, we are given certain rights that cannot be infringed on. One of the most important is the right to not be a witness against yourself. This right comes from the Fifth Amendment, and applies to situations where statements are compelled, testimonial, […]

Can You Be Charged with the Possession of Marijuana or the Possession of a Controlled Substance Just Because the Drugs Are Located in Your Vehicle?

Yes, but that does not mean you will be convicted.
The State has to prove beyond all reasonable doubt (the highest burden of proof in the country), that you intentionally or knowingly possessed the illegal substance. However, they do not have to prove ownership. For example, when a person says to the police officers, “That’s […]

Can You Conceal Carry in Texas Airports?

Can You Conceal Carry in Texas Airports?
Houston Rockets star Dwight Howard, a known gun enthusiast with a collection of over 50 firearms, including bazookas, recently brought a loaded Glock 26 9mm through airport security in his carry-on bag. The incident allegedly happened on Friday, August 28th,2015.

Fortunately for Howard, he avoided any charges because Texas […]

A Quick Overview of Texas Marijuana Possession Law

You can now legally smoke marijuana for recreational purposes in Alaska, Washington, D.C., Colorado, the state of Washington, and Oregon. Like alcohol, you have to be at least 21 to do it.

In Texas, the story’s way different. Governor Abbott did sign a law that allows people with intractable epilepsy to use cannabis-based oils with […]

Can I get my criminal case removed from my record?

Most people confuse getting a case dismissed with the case being “off their record”. To the contrary. Even if a case is dismissed, the actual arrest record will always appear on a background check. That is until the criminal record has been expunged.

An expunction is the process of removing your arrest record from view. […]

Ignition Interlocks and Alcohol Related Offenses in Fort Worth, Texas

What is an ignition interlock and how does it relate to DWI offenses?
Interlock devices have been used in the United States for more than 20 years. All States have some legislation requiring or permitting the use of breath alcohol ignition devices, or “interlocks.”  An interlock device is installed in a motor vehicle to prevent […]